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         Low Income & Fair Housing Law:     more detail
  1. Clarifying the federal Fair Housing Act's exemption for reasonable occupancy restrictions.: An article from: Fordham Urban Law Journal by Tim Iglesias, 2004-10-01

21. Memorandum Of Understanding
Coordination of Notifying lowincome housing Tax Credit Property Owners about cause finding under a substantially equivalent fair housing state law or
http://www.usdoj.gov/crt/housing/mou.htm
MEMORANDUM OF UNDERSTANDING AMONG
THE DEPARTMENT OF THE TREASURY,
THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, AND
THE DEPARTMENT OF JUSTICE Preamble
The United States Departments of the Treasury, Housing and Urban Development, and Justice enter into this memorandum of understanding (MOU) in a cooperative effort to promote enhanced compliance with the Fair Housing Act (ACT)
  • Coordination of Notifying Low-Income Housing Tax Credit Property Owners about Charges, Lawsuits, and Other Actions HUD and Justice will identify low-income housing tax credit properties for which there is: 1) a charge by the Secretary of HUD for a violation of the Act; 2) a probable cause finding under a substantially equivalent fair housing state law or local ordinance by a substantially equivalent state or local agency; 3) a lawsuit under the Act filed by Justice; or 4) a settlement agreement or consent order entered into between HUD or Justice and the owner of a low-income housing tax credit property. HUD or Justice will then transmit the address of the property and a summary of these actions to the appropriate state housing finance agency, using a current list of contacts and addresses of state housing finance agencies provided by the IRS.
  • Designating Contacts and Interagency Technical Assistance and Training HUD and Justice will designate personnel to provide the IRS upon request with technical assistance and problem resolution concerning emerging civil rights and discrimination matters involving the administration of the low-income housing tax credit program (e.g., accessibility issues, section 8 vouchers, civil rights interpretative issues, and published guidance). In addition, HUD and Justice will provide training upon request to a few designated IRS personnel about the Act. The IRS will designate personnel to provide technical assistance and training upon request to HUD and Justice personnel on general tax administration issues under the low-income housing tax credit program, in a manner consistent with the IRS's disclosure limitations contained in section 6103 of the Internal Revenue Code.
  • 22. Joint Statement Of DOJ And HUD
    Q. Does the fair housing Act preempt local zoning laws? In the same way a local government would break the law if it rejected low-income housing in a
    http://www.usdoj.gov/crt/housing/final8_1.htm
    JOINT STATEMENT OF THE DEPARTMENT OF JUSTICE AND THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT GROUP HOMES, LOCAL LAND USE, AND THE FAIR HOUSING ACT Since the federal Fair Housing Act ("the Act") was amended by Congress in 1988 to add protections for persons with disabilities and families with children, there has been a great deal of litigation concerning the Act's effect on the ability of local governments to exercise control over group living arrangements, particularly for persons with disabilities. The Department of Justice has taken an active part in much of this litigation, often following referral of a matter by the Department of Housing and Urban Development ("HUD"). This joint statement provides an overview of the Fair Housing Act's requirements in this area. Specific topics are addressed in more depth in the attached Questions and Answers. The Fair Housing Act prohibits a broad range of practices that discriminate against individuals on the basis of race, color, religion, sex, national origin, familial status, and disability. The Act does not pre-empt local zoning laws. However, the Act applies to municipalities and other local government entities and prohibits them from making zoning or land use decisions or implementing land use policies that exclude or otherwise discriminate against protected persons, including individuals with disabilities.

    23. Housing
    Public housing is lowincome housing, operated by your local housing authority. fair housing Act, a law that prohibits housing discrimination on the
    http://kc.vanderbilt.edu/kennedy/pathfinder/housing.html
    Housing
    Search for Services by county in the Tennessee Disability Pathfinder Database
    Federal
    Housing Resources
    Tennessee
    Housing Resources
    Federal
    • The U.S. Department of Housing and Urban Development (HUD) is the Federal agency responsible for national policy and programs that address America's housing needs, that improve and develop the nation's communities, and enforce fair housing laws.
    • HUD's People with Disabilities information.
      Several programs funded by HUD and administered by state and local housing agencies include:
      • Public Housing is low-income housing, operated by your local housing authority.
      • Section 8 Housing is subsidized housing, in which the housing authority gives the tenant a certificate or voucher that says the government will subsidize your rent payments and then you find your own housing.
      • Privately Owned Subsidized Housing , where the government provides subsidies to the owner who then applies those subsidies to the rents he/she charges low-income tenants.
      • FHA Mortgage Insurance Program is a mortgage financing program through the Federal Housing Authority (FHA), a division of HUD. FHA guarantees home loans of 1 to 4 units against default by the borrower. The mortgage industry process approves or rejects loan applicants, then forwards to FHA for default insurance purposes. The borrower pays a mortgage insurance premium (MIP) for this protection. The mortgage limit for the Nashville area is $193,800.

    24. California Housing Advocates: Low Income, Affordable Housing Lobbyists Renters A
    California housing Advocates. Lobbyists for low income Renters, California housing law Project Inland fair housing and Mediation, San Bernardino
    http://www.housingadvocates.org/default.asp?ID=702

    25. Biography Richard Sander Professor Of Law Born Washington, DC
    From 1990 to 1996, Sander served on the board of the fair housing Congress of by lowincome Los Angeles families of the Earned income Tax Credit (EITC),
    http://www1.law.ucla.edu/~sander/Bio_CV/Bio.htm
    Biography Richard Sander
    Professor of Law

    Born Washington, D.C., 1956
    B.A. Harvard, 1978
    J.D. Northwestern, 1988
    Ph.D. Economics, Northwestern, 1990
    UCLA Law faculty since 1989 Rick Sander has been working on questions of social and economic inequality for nearly all of his career. He was born in Washington, D.C., but spent most of his childhood in small towns in northwest Indiana. He attended Harvard College in the mid-1970s, where he won the Bowdoin Prize for an essay on the ideology of expanding suffrage in early New York State and graduated magna cum laude in Social Studies in 1978. In 1978-79, Sander served as a Vista volunteer at The Neighborhood Institute, a community organization on Chicago’s south side. Sander’s responsibilities included organizing tenant unions, fostering receiverships for deteriorating buildings, and developing strategies to stem housing abandonment. During this work, Sander was struck by the deep and wide-ranging effects of the South Shore Bank, an experimental institution owned by foundations and churches that was seeking to foster coordinated neighborhood investment in Chicago’s South Shore neighborhood. Working with the Woodstock Institute, Sander secured funding from several federal agencies to conduct a substantial evaluation of the Bank and its institutional parent (the Illinois Neighborhood Development Corporation), which was published in 1982. Sander attended graduate school at Northwestern University from 1983 to 1988, earning degrees in law (J.D., 1988) and economics (M.A. 1985, Ph.D., 1990). At the School of Law he served as an articles editor on the Law Review (1987-88). He studied under Len Rubinowitz, Jack Heinz, John Donohue, Dale Mortensen and Joe Altongi, and sought in his dissertation to explain why fair housing laws had seemingly produced widespread integration in some American metropolitan areas, but very little integration in most. During much of this period, Sander served on the board of the Rogers Park Tenants Committee, and worked on the election effort and subsequent transition team of Harold Washington, Chicago’s first black mayor.

    26. Theory And Practice Of Affordable Housing Law
    Class 6 fair housing Federal Affirmative Duty to Promote fair housing; V. low income housing Tax Credit Program Tax Incentives for Private Investment
    http://www.slaw.neu.edu/course/law2518.htm
    Return to Course Information Page Theory and Practice of Affordable Housing Law
    SYLLABUS – Summer 2004
    Roberta Rubin Call the bookstore (617/373-2286) or Gnomon Copy (617/536-4600) to determine if the course materials are available in advance. I. Introduction Class 1 Why affordable housing? What are the goals to be achieved? What are the rationales for and against federal housing legislation? Brief history of affordable housing legislation. Readings Casebook: 3-40 (overview, excerpts from various commentators)(required), 400-424 (recommended) TWEN: History of Federal Housing Programs; Joint Center for Housing Studies 2003 report, pp. 25-29 and Tables A-1, A-5, A-9 and A-10 Class 2 The case for a right to housing On what basis could it be argued that there exists a constitutional right to housing? Examination of Supreme Court Valtierra and Lindsey Readings Casebook: pp. 40-72 (required) TWEN: Callahan v. Carey (required) Supplement: Dissent in Valtierra case and dissent in Lindsey case (required); excerpts from Franklin and Maticka (optional)
    II.

    27. Developments In The Law: Property
    Chapter 10 fair housing law. Builder’s remedy survives in NJ. placement of low income housing in their neighborhoods would lower their property values
    http://www.law.harvard.edu/faculty/jsinger/developments/chapter10.php

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    Chapter 10: Fair Housing Law
    Builder’s remedy survives in NJ.
    The builder’s remedy survives, however, and is available when the municipality fails to comply fully with its statutory obligations. Toll Brothers, Inc. v. Township of West Windsor , 803 A.2d 53 (N.J. 2002).
    Landlord liable for sexual harassment of tenant.
    In DiCenso v. Cisneros , 96 F.3d 1004 (7th Cir. 1996), when the landlord came to the tenant’s apartment to collect the rent he caressed her arm and back, and said that if she could not pay the rent, she could “take care of it in other ways”; when she slammed the door in his face, he called her a “bitch” and a “whore.” The Seventh Circuit noted that employment discrimination cases had recognized sex discrimination in the context of a “hostile environment” and that those cases required the employer’s conduct must be “sufficiently severe or pervasive to alter the condition’s of the victim’s employment,” id. at 1008 ( quoting Harris v. Forklift Sytems , Inc., 510 U.S. 16, 21 (1993)), and that this one incident did not rise to that level. Do you agree? See Michele Adams

    28. The Badger Herald - University Of Wisconsin-Madison
    but they can refer clients to attorney’s who specialize in fair housing law. This would include a “Section 8” ordinance, a lowincome housing plan
    http://badgerherald.com/news/2003/04/22/housing_discriminati.php
    Currently: in News Opinion ArtsEtc Sports Archives
    The Badger Herald
    NEWS
    Housing discrimination haunts Madison
    Email this story Recipient email address:
    Your email address:
    Looking for a print version?
    Also by Melanie Truhn: Related Stories: by Melanie Truhn Tuesday, April 22, 2003 Complaints of housing discrimination around the country have risen 7 percent since 2001, according to the National Fair Housing Alliance, but some say housing discrimination has become more difficult to recognize in Madison. According to Fair Housing Center of Greater Madison Director of Program Services Erika Sanders, discriminatory behavior has changed in Madison.

    29. Amid Continued Discrimination, Gov’t Looks To Cut Fair Housing Funds
    Federal fair housing law, which emerged from the Civil Rights Act of 1968, more overt discrimination has on lowincome people who are also members of
    http://newstandardnews.net/content/?action=show_item&itemid=1948

    30. Amid Continued Discrimination, Gov’t Looks To Cut Fair Housing Funds
    Federal fair housing law, which emerged from the Civil Rights Act of 1968, and zoning restrictions that isolate lowincome people in certain parts of a
    http://newstandardnews.net/content/?action=show_item&itemid=1948&printmode=true

    31. FAIR HOUSING MANUAL
    This includes, for instance, meeting low income guidelines if they apply to the Mental Health law Project. The Impact of the fair housing Amendments on
    http://www.nmpanda.org/selfadv/housing/houseman.html
    FAIR HOUSING For PEOPLE WITH DISABILITIES
    Protection and Advocacy System
    1720 Louisiana Blvd. NE, Suite 204
    Albuquerque, NM 87110 (505) 256-3100 (V/TDD) 800-432-4682 (V/TDD) Revised: January 1994
    Acknowledgements Significant portions of this booklet were taken with permission from: The Right of Persons with Disabilities to be Free from Discrimination in Housing Pursuant to the Federal Fair Housing Law and Other Federal Statutes, published by National Association of Protection and Advocacy Systems and prepared by the Disability Law Center of Boston, Mass., June 1990. This manual included information drawn from publications of the Mental Health Law Project of Washington, D.C., the Massachusetts Legal Assistance Corporation, and the Center for Public Representation of Northampton, Massachusetts. Rights of Tenants with Disabilities Under the Fair Housing Amendments Act of 1988, Mental Health Law Project, 1989. Fair Housing: It's Your Right, U.S. Department of Housing and Urban Development, July 1990. A selected bibliography of additional related publications is included in the back of the booklet.

    32. National Fair Housing Advocate Online
    housing Discrimination law Project, Legal Aid Society of Minneapolis HDLP has represented hundreds of lowincome clients on fair housing issues in five
    http://www.fairhousing.com/index.cfm?method=page.display&pagename=guest_room_wil

    33. County Sued For Housing Policies By HEATHER BOERNER SENTINEL STAFF WRITER July 1
    Affordable housing law Project, claims that the refusal to create a sufficient housing plan for lowincome people violates the state’s fair housing law.
    http://www.santacruzsentinel.com/archive/2004/July/14/local/stories/02local.htm
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    July 14, 2004
    County sued for housing policies
    By HEATHER BOERNER
    Sentinel staff writer California Rural Legal Assistance is a county-wide group that represents low-income, farmworker and minority clients. The suit is part of a statewide trend toward legal action as housing advocates see local governments failing to provide housing for low-income residents. The suit, filed late last week, asks for a moratorium to prevent the county from issuing any planning or building permits until it completes a state-certified housing plan. Judges in other cases have required such a moratorium when they find the violations egregious enough. "You look at the houses being built here, and people who live here with the median salary can’t afford to apply for a loan for that house," said Saldaña, a mother of three who is disabled and uses a wheelchair. "I’m not asking for a favor here. This is their obligation. They should have had a housing element very long ago. I look at the county supervisors, and I don’t know who they represent. We live here, we pay taxes. Why are they ignoring the disabled and the low-income people in this county?" Plaintiffs Joe Harper and Jose Barajas have lived other housing nightmares. Barajas, a farmworker, lives in a storage shed with two other farmworkers, without water or electricity. Harper, an unemployed father of one, recently lived in an illegal unit with a failed septic system and an unsafe foundation.

    34. Project Sentinel - Partnerships
    lowincome Persons and Family-Focused Community-Based Partners The fair housing law Project was founded in 1998 in response to the need for increased
    http://www.housing.org/partnerships.htm
    Resources Communities We Serve Training and Services Rent Watch ... Site Search Project Sentinel Partnerships Multicultural Community-Based Partners
    Disabled Persons Community-Based Partners

    Low-Income Persons and Family-Focused Community-Based Partners

    Housing Provider, Lender, and Government-Related Partners

    Multicultural Community-Based Partners Asian Law Alliance
    www.asianlawalliance.org

    Back to top
    Arab Cultural Center ...
    www.lawfoundation.org/fhlp_overview.shtml

    The Fair Housing Law Project was founded in 1998 in response to the need for increased enforcement of fair housing laws in the City of San Jose. FHLP provides free legal services to people who have experienced discrimination in acquiring or keeping housing in Santa Clara County. FHLP provides education services, brochures and literature about fair housing. FHLP conducts seminars, outreach programs and fair housing training in both Spanish and English, for organization staff, landlords, attorneys and law students, schools, community centers, churches and social service organizations. FHLP also engages in legislative advocacy and systemic reform to ensure the right to fair housing is protected for everyone. FHLP is a client-driven program, which means that each client's preference about his or her legal enforcement options is critical. Back to top Chinese American Mutual Assistance Association (CMAA)
    www.cmaausa.org/

    35. JMLS - Resources For People Who Need Fair Housing Assistance In Illinois
    Guidelines for accepting cases low income persons in the West Town/Humboldt Park areas The John Marshall law School fair housing Legal Clinic
    http://www.jmls.edu/fair_housing/resource.shtml
    steady-hall
    Fair Housing Clinic Fair Housing Center Legal Support ... FAIR HOUSING
    FAIR HOUSING:
    RESOURCES FOR PEOPLE WHO NEED ASSISTANCE IN ILLINOIS
    Alton
    Impact Center for Independent Living
    2735 E. Broadway
    Alton, IL 62002 PHONE: (618) 462-1411 FAX: (618) 474-5309 TTY: (618) 474-1411 Services: Advocacy, independent living skills training, information and referral, peer counseling Guidelines for accepting cases: Persons with disabilities, their families, communities.
    Belleville
    Living Independently Now Center for Independent Living
    120 East A Street
    Belleville, IL 62220 PHONE: (618) 235-9988 FAX: (618) 235-9244 TTY: (618) 235-0451 Services: Advocacy, independent living skills training, information and referral, peer counseling Guidelines for accepting cases: Persons with disabilities, their families, communities.
    Bloomington
    Prairie State Legal Services, Inc.
    Bloomington, IL 61701 PHONE: (309) 827-5021 FAX: (309) 828-3776 Guidelines for accepting cases: Poverty guidelines 100% Federal level, subject matter
    Living Independence for Life
    1328 East Empire
    Bloomington, IL 61701

    36. San José Department Of Housing - Links
    The goal of fair housing laws is to create housing markets that are free of law Alliance provides multilingual legal services to lowincome persons in
    http://www.sjhousing.org/fair.html
    Fair Housing The Fair Housing Act of 1968 was adopted to safeguard against illegal housing discrimination. The Law protects a person's right to own, sell, purchase, or rent housing of his or her choice without fear of unlawful discrimination. What is "fair housing"?
    • Fair housing is the umbrella term for laws and regulations that prohibit discrimination in the rental or sale of housing or in the provision of housing-related services. The goal of fair housing laws is to create housing markets that are free of discrimination. Fair housing laws ensure that you will not be prevented from choosing where you want to live because of illegal discrimination. Fair Housing laws protect you in many aspects of securing housing including advertising, mortgage lending, home insurance, rental applications and most interactions between landlords or property managers and tenants. Fair housing laws ensure that people with similar incomes in the same housing market have a similar range of choices available to them regardless of race, color, ancestry, national origin, religion, sex, disability, marital status, familial status, source of income, sexual orientation, age or any other arbitrary factor.
    Who is regulated under fair housing laws?

    37. Fair Housing Guide - Fairfax Area Disability Services Board
    Examples include low income housing units managed by the state or city; The Virginia fair housing law prohibits discrimination in housing because of
    http://www.fairfaxcounty.gov/dsb/fairhouse.htm

    Fairfax Area Disability Services Board Homepage

    Related Legislation
    Who is Covered for New Construction Discrimination ... Boards, Authorities and Commissions
    Fairfax Area Disability Services Board you are here homepage health and human services human services Fairfax Area Disability Services Board
    Fair Housing Guide for Property Managers Using Non-discriminatory Practices for Tenants with Disabilities
    The text for this brochure has been produced by Pacific Nonprofit Training Center under a Fair Housing Initiatives Program Grant from the U.S. Department of Housing and Urban Development, Grant #FH200G9300012. The substance and findings of the work are dedicated to the public. The author and publisher are solely responsible for the accuracy of the statements and interpretations contained in this publication. Such interpretations do not necessarily reflect the views of the Government.
    *Available in alternative formats, call 703-324-52421

    38. Fair Housing
    and reports familiarity with fair housing law requirements for advertising. Considerations for lowincome housing. The fair housing Committee
    http://www.newphilaoh.com/html/analysis_of_impediments.htm
    "You have a right to live where you want to live." City of New Philadelphia Fair Housing Questionnaire Tenant - Landlord Facts Know Your Rental Rights Sepa Sus Derechos ... Analysis of Impediments ANALYSIS OF IMPEDIMENTS DATED 2003 INTRODUCTION The City of New Philadelphia, Ohio, is an historic small city in Appalachian Ohio, with an industrial and service sectors that reflect greater diversity than the steels mills of decades past. It has a population of 17,056, and is the county seat for Tuscarawas County. It has received community development block grants (CDBG) and Community Home Improvement Program (CHIP) or HOME grants from federal sources through the Ohio Department of Development. The CDBG grant is about $90,000 per year and the CHIP or HOME grant is $250,000 per year ($500,000 per two-year cycle). To fulfill our requirements under these grants, and to further the mission of providing decent housing to all, the city established a fair housing committee to conduct an analysis of impediments to fair housing, and write this report. DEMOGRAPHICS Racial composition Age and family status About 4,400 New Philadelphia residents are under the age of 20, and about 2,700 are over 65. New Philadelphia has 4,660 family households, of which 2,054 have children under 18. 2,678 New Philadelphians live in non-family households. The census reported a total of 7,338 occupied housing units, and 458 vacant housing units, of which 23 are seasonal, recreational or for occasional use. We believe the census report of vacant housing units is overstated. We believe a significant portion of these households are actually occupied, but the occupants were not registered with the census, perhaps because of language differences, or incomplete census taking.

    39. BPI RIHI Equal Justice Under Law
    This led to the passage of the fair housing Act. The Act codified Mount Laurel I Define housing regions; Estimate low and moderate-income housing needs
    http://www.bpichicago.org/rah/ejul.html
    home
    EQUAL JUSTICE UNDER LAW
    Mt. Laurel And Affordable Housing In New Jersey

    Recognizing that addressing regional affordable housing needs requires tackling the exclusionary zoning practices of many suburban municipalities, BPI has conducted extensive research on the precedent-setting Mt. Laurel case in New Jersey. Mount Laurel is a sprawling township of approximately 22 square miles on the outer ring of the South Jersey metropolitan area. For decades, the township was primarily rural with little commercial development. After 1950, construction and improvement of nearby highways spurred residential and commercial development. The population doubled by 1960 and again by 1970. Southern Burlington County NAACP v. Township of Mount Laurel went to the New Jersey Supreme Court in 1975. The court ruled that because Mount Laurel's land use controls in effect excluded moderate- and low-income families, the township's exclusionary zoning practices were contrary to the "general welfare" requirements of the New Jersey state constitution. The court declared that all developing New Jersey municipalities had the legal obligation to provide their fair share of affordable housing opportunities, but the decision provided no specific guidance on addressing this obligation. In response to the Mount Laurel I decision, the town of Mount Laurel made only "grudging and microscopic" changes to its zoning, and municipalities throughout the state failed to comply. In 1983, after numerous appeals and conflicting judicial decisions, six cases were consolidated on appeal in

    40. Law Foundation Of Silicon Valley
    Special Education, Family law, Immigration, fair housing and senior and youth law, and specifically targets lowincome Spanish-speaking communities.
    http://www.lawfoundation.org/partners.asp
    Donors Volunteer Case Studies Events
    Thursday, May 26, 2005
    31st Annual ''Celebration of Justice'' dinner, auction and awards June 26, 2005
    October 14, 2005
    LACY Honors Luncheon October 16, 2005
    Walk for AIDS Silicon Valley Our Programs
    Youth (LACY)

    (MHAP)

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    Resource Center: Partners
    ALS The Living Center Fair Housing Law Project U.S. Housing and Urban Development (HUD)
    San Francisco Regional office: (415) 436-6532 City of San Jose Department of Housing City of San Jose Department of Planning, Building and Code Enforcement City of San Jose, Department of Housing - Rental Dispute Program County of Santa Clara Housing Authority California Mobilehome Resource and Action Association Emergency Housing Consortium Reception center (24 hrs): (408) 294-2100, (408) 539-2100 San Jose Family Shelter Bay Area Legal Aid National Housing Law Project Western Center on Law and Poverty Oakland office: (510) 891-9794 ext. 125

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